In small claims actions neither party may be represented by an attorney, unless, he/she is representing himself or herself, or both parties agree to the use of attorneys and file a stipulation to use of attorneys (the court can provide this form).  A stipulation to use attorneys must be filed at least 24 hours before the scheduled court date.  It is your responsibility to attain sufficient knowledge to properly complete the forms and follow your case through to conclusion.

Either a Justice of the Peace or an appointed Volunteer Hearing Officer may hear your case.  Any party may object to the use of a hearing officer prior to the hearing date.  The court can provide you with a form to make this objection.  The case will then be referred to and heard by the Justice of the Peace.

Court Clerks are not attorney’s and are not authorized, by law, to give legal advise. The Court clerks will be happy to take your filings and explain the courts procedures and process.

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The plaintiff may file for any amount not to exceed $2,500.00.  A larger claim may be reduced to $2,500.00 and waive the remaining amount.  A claim may NOT be split by filing two separate actions.  The plaintiff may ask for reimbursement of court costs in addition to the $2,500.00 maximum.  Court costs include, but are not limited to filing and service fees.  A prevailing defendant may also ask for reimbursement of court costs.

Jurisdictional Exceptions:

The small claims division does not have jurisdiction over the following: 

1) Those matters excluded from justice court jurisdiction as provided in section 22-201; 2) Actions involving claims of defamation by libel or slander; 3) Actions in forcible entry, forcible detainer or unlawful detainer; 4) Actions for specific performance; 5) Actions brought or defended on behalf of a class; 6) Actions requesting or involving prejudgment remedies; 7) Actions involving injunctive relief; 8) Traffic violations and other criminal matters; and 9) Actions against this state, its political subdivisions or an officer or employee of the state or its political subdivisions in his official capacity.

Small Claims actions may be brought in the precinct where the account, contract or other claim was made or entered into, or where the defendant lives, at the option of the plaintiff.

If you file in the incorrect venue, the opposing party may file a Motion for Change of Venue. If the change of venue is granted by the Judge, the case will be transferred to the proper precinct and the Plaintiff shall pay all fees. The Plaintiff may file a motion objecting to the change of venue within five days after service of the motion for change of venue.

Statute of Limitations

Statute of Limitations (time limits) apply to Small Claims. Special circumstances may extended or defer the statute of limitations. Consult with an attorney to determine if you believe these circumstances may apply to your case.

Click to view the Arizona laws outlining statutes of limitation.

Individuals: An individual shall represent himself/herself.  Either spouse or both may represent a marital community.

Corporation: A full-time officer or authorized employee shall represent a corporation.

Note: In any case where a party is an "Inc.", "Incorporated", "L.L.C.", "P.C." or "Corporation", call the Arizona Corporation Commission (1-800-345-5819) to get the legal and proper name of the business and the name of the person (i.e. statutory agent) designated for service of the summons.

Unincorporated Businesses: An active member or an authorized full-time employee shall represent an association.  Any other organization or entity shall be represented by one of its active members or authorized full-time employees.

Partnerships Partnerships may sue, or be sued, in the name that it has assumed or by which it is known.

Pleadings are written statements which set forth a claim for relief or defenses. The pleadings shall contain: 1) a short and plain statement of the jurisdiction (i.e. The defendant resides in (justice court name here) precinct; or The action in questions occurred in the (justice court name here) precinct. 2) A short and plain statement of the claim for relief (i.e. The defendant owes me money because .....).

Motions

A motion for change of venue and a motion to vacate a judgment are the only motions allowed in a small claims action.

Computation of Time Limits:

The day the act, event or default from which time begins to run, shall not be included.

Less than 11 days, intermediate Saturdays, Sundays and legal holidays shall not be included.

More than 11 days, intermediate Saturdays, Sundays and legal holidays shall be included.

Last day of the computation shall be included unless it is a Saturday, Sunday or legal holiday.

Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after service of a notice or other paper upon the party and the notice or paper is served by mail, 5 calendar days shall be added.

Fees

Click here to see a list of fees associated with filing and responding to a suit.

Service of Summons and Complaint

In addition to any other available methods of service, the plaintiff may serve the summons and complaint by registered or certified mail.  Service is deemed complete upon the delivery of the mailing to the defendant and signed by the defendant as evidence on the return receipt filed in the court.

YOUR ACTION WILL BE DISMISSED IF THE SUMMONS AND COMPLAINT HAVE NOT BEEN SERVED WITHIN 120 DAYS OF THE FILING OF YOUR COMPLAINT.

Dismissal

The plaintiff may dismiss the claim at any time prior to the defendant filing an answer or other responsive pleading.  Once the defendant has filed an answer or other responsive pleading, both parties must stipulate, or agree, in writing to a dismissal (the court can provide a Stipulation for Dismissal form for your use. The defendant may ask the court for reimbursement of court costs and/or attorney fees incurred defending the action.

Filing An Answer

An answer is the defendant’s response to the plaintiff’s allegations as stated in a complaint.

If you are the defendant, you have twenty (20) calendar days from the date you are served with the complaint to file an answer (in writing). In computing the time by which to file an answer, the date of service is not included. If the last filing day falls on a Saturday, a Sunday, or a legal holiday, the answer may be filed on the next immediate judicial (business) day.

If the complaint is served out-of-state, the party served has thirty (30) calendar days in which to file an answer. If you are served by registered mail or by publication other time limits apply.

Counterclaim

If the defendant files a counterclaim in the action, the plaintiff (counter-defendant) has twenty (20) days from the date of service in which to file a reply (in writing) to the counterclaim [Rule 12(a) R.C.P.].  There is no fee for filing a reply to a counterclaim.

Default Judgments

If a counterclaim has been filed and the plaintiff fails to reply to the counterclaim within the allowed time, then the counterclaimant (defendant) may obtain a default judgment against the counter-defendant (plaintiff).  Defendants seek default judgments on the counterclaim in the same way the plaintiffs may obtain them against the defendant on a complaint.

An Application for Entry of Default must be mailed to the defaulting party [Rule 55(a) R.C.P.].

Service After Appearance

After a party has filed an appearance in an action, unless otherwise ordered by the court, all subsequent pleadings, notices and orders may be served upon the attorney of record or the appearing parties by regular mail.

IT IS VERY IMPORTANT that each party to an action keep the court apprised of his/her current mailing address.

Motions

Trial

The trial date will be set for a date within sixty (60) days after the answer has been filed with the court  by the Defendant.  All parties will be notified of the trial date and time by mail.

If the case is settled before the scheduled trial date, be sure to notify the court.  A Stipulated Dismissal form must be field.  

Within TEN days after the trial, a copy of the Judgment Order will be mailed to each party.

Preparing for Trial

If your action comes to trial, you should educate yourself on court procedure and rules.  As the person who brought the suit, it is the plaintiff's responsibility to prove by the greater weight of evidence that they have a legal right to the amount they are claiming.

Bring to the trial anything necessary or relevant to establish or defend the claim or counterclaim.  Some examples:  books, papers, bills, pictures or damages, or other exhibits.  Either party may also bring witnesses to testify in your behalf to substantiate your position.

Trial continuances must be submitted in writing and filed with the court in a timely manner. No trial continuances shall be granted except upon a finding of good cause.

Basic Trial Procedure

The plaintiff will proceed first and may call witnesses and/or introduce exhibits. The defendant may cross-examine any witnesses or object to the admission of any exhibit. After the plaintiff rests, the defendant(s) will present their case and may call witnesses and/or introduce exhibits that may prove or defend their position. The plaintiff may cross-examine any witnesses or object to the admission of any exhibit.

Failure To Appear

If the plaintiff fails to appear, the complaint may be dismissed with prejudice, which means the case cannot be re-filed at a later time.   The court may award the defendant his/her costs, including attorney fees.

If the defendant fails to appear, the court may enter judgment against him/her.

If both parties fail to appear, the case will be dismissed without prejudice.

Jury Trials

Jury Trials are not allowed in small claims cases.

Appeals

There shall be no appeal in a small claims procedure and the decision of the hearing officer or justice of the peace shall be final and binding on both parties.

Collecting Your Judgment

If judgment is not paid in full or if payments are unacceptable, you may resort to one or more methods to collect.  A judgment is valid for five (5) years.

Writ of Execution

This writ commands the constable or sheriff to seize personal property (e.g. vehicles, guns, jewelry, equipment, etc.) of the debtor to be sold at public auction.  Follow these six steps 1) Get a certified copy of your judgment from the court clerk; 2) Get a writ from the court clerk; 3) Give the writ, the certified judgment, and the execution fee to the constable; 4) Stay in contact with the constable to get the best results.  The constable works for you so provide details to the constable; 5) The constable will auction the seized property and send the money to the prevailing party [see A.R.S. section 33-1121 to 33-1122 for exemptions]; 6) If necessary, the constable may seize additional property on the same writ for sixty (60) days or on another writ during the five year period.  In addition, real property (i.e. land & buildings) may be seized and sold at auction to satisfy a judgment; ask the Clerk of the Superior Court to docket the Justice Court certified judgment and assign a case number.  The clerk there will issue a writ.  Take the writ to the Sheriff.

Writ of Garnishment

This writ commands an employer or financial institution (i.e. garnishee) to withhold funds and pay them to you.  Follow these four steps: 1) Get a writ of garnishment packet from the Clerk of the Court, and file it with the court clerk who will issue the writ;  2) Serve the writ, it may be served by any process server; 3) Wait for the answer from the garnishee then ask the court clerk to order the garnishee to send the money to you; 4) File a satisfaction of judgment with the court clerk, when paid in full.

Debtor's Examination

If you do not know the location of the debtor's assets (e.g. wages, bank accounts, personal property, or real property), you may require the debtor to reveal his/her assets in court under oath.  Debtor's refusal to reveal assets is punishable as contempt of court.

Judgment Lien

A lien against real property (i.e. land and buildings) may also be filed in any case.  Follow these four steps: 1) Take one certified and one uncertified copy of the judgment to the Clerk of the Superior Court; 2) Ask the clerk there to docket the justice court judgment and assign a case number; 3) Take the judgment to the County Recorder's office to record the judgment as a lien against the debtor's real property in that county.  You may repeat this process in other counties; 4) When the judgment is paid in full to you, notify the court, the debtor, and the County Recorder at once!

Motor Vehicle

Debtor's Vehicle registration and driver's license will be suspended in motor vehicle collision cases if you mail the certified judgment, a copy of the police report, and a letter stating that the judgment has been unsatisfied for sixty days.  Mail to:  M.V.D., FR desk, PO Box 21535, Phoenix AZ  85001.

More Information

For more information, see "Collecting Your Court Judgment, 19 Ways to Get Your Money, at a public library or from NOLO Press, 950 Parker Street, Berkeley, CA  94710, telephone (800)992-6656.

When you are paid in full you must file a SATISFACTION OF JUDGMENT with the court. This form is available from the court.

Vacating the Judgment

A motion to vacate the judgment is one of only two motions allowed in a Small Claims action.  A motion to vacate judgment can be filed by either party to vacate a default judgment or a judgment of the court following a hearing.  If you oppose a motion to vacate the judgment you must file an objection in writing ten (10) days after service of the motion.